Unfortunately the HHS Secretary isn’t empowered to create law, nor are they empowered to interpret law. They can only share opinions, provide guidance, create policy, etc. So no, in this case, you are not quite right.
Further, as the other user pointed out: the hospital would rather be sued by the individual for violating their rights than by the state for violating the law. Regardless of potential precedent or final outcome, one is far, FAR more costly than the other.
As they say, when the punishment is less than the profit, it’s not a punishment, it’s a business expense
Ultimately, laws can only be judged on their ability to create outcomes. This one has failed miserably
And you don’t seem to be listening to people who are telling you that the law doesn’t have to be draconian to cost people their lives.
If some number of hospitals conclude that the cost of letting people die and settling wrongful death cases is lower than the cost of defending patients’ rights to an abortion under their specific circumstances, then those hospitals will set policy that prohibits providing those abortions. Because they are profit-driven, not charities (a separate but related problem)
I will say it again: if the cost is less than the profit, it’s not a punishment, it’s a business expense. Put another way, if actually breaking law A costs less than defending accusations of breaking law B, they will break law A every time.
I’m really tired of trying to explain to people that laws and politics do not exist in a bubble.
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